S.Amdt. 4756

SA 4756. Mrs. SHAHEEN (for herself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

Subtitle __--Combating Synthetic Drugs

SEC. _01. SHORT TITLE.

This subtitle may be cited as the ``Fighting Emerging
Narcotics Through Additional Nations to Yield Lasting Results
Act'' or the ``FENTANYL Results Act''.

SEC. _02. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF
STATE TO COMBAT INTERNATIONAL TRAFFICKING IN
COVERED SYNTHETIC DRUGS.

(a) In General.--The Secretary of State shall prioritize
efforts of the Department of State to combat international
trafficking of covered synthetic drugs by carrying out
programs and activities to include the following:
(1) Supporting increased data collection by the United
States and foreign countries through increased drug use
surveys among populations, increased use of wastewater
testing where appropriate, and multilateral sharing of that
data.
(2) Engaging in increased consultation and partnership with
international drug agencies, including the European
Monitoring Centre for Drugs and Drug Addiction, regulatory
agencies in foreign countries, and the United Nations Office
on Drugs and Crime.
(3) Carrying out programs to provide technical assistance
and equipment, as appropriate, to strengthen the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs, as required by section _03.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development
on demand reduction matters relating to the illicit use of
covered synthetic drugs and other drugs, as required by
section _04.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on the implementation of this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.

SEC. _03. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY
OF FOREIGN LAW ENFORCEMENT AGENCIES WITH
RESPECT TO COVERED SYNTHETIC DRUGS.

(a) In General.--Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22

[[Page S8365]]

U.S.C. 2420), the Secretary of State shall establish a
program to provide assistance to strengthen the capacity of
law enforcement agencies of the countries described in
subsection (c) to help such agencies to identify, track, and
improve their forensics detection capabilities with respect
to covered synthetic drugs.
(b) Priority.--The Secretary of State shall prioritize
technical assistance, and the provision of equipment, as
appropriate, under subsection (a) among those countries
described in subsection (c) in which such assistance and
equipment would have the most impact in reducing illicit use
of covered synthetic drugs in the United States.
(c) Countries Described.--The foreign countries described
in this subsection are--
(1) countries that are producers of covered synthetic
drugs;
(2) countries whose pharmaceutical and chemical industries
are known to be exploited for development or procurement of
precursors of covered synthetic drugs; or
(3) major drug-transit countries for covered synthetic
drugs as defined by the Secretary of State.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State to carry out
this section $4,000,000 for each of the fiscal years 2022
through 2026. Such amounts shall be in addition to amounts
otherwise available for such purposes.

SEC. _04. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS
RELATING TO ILLICIT USE OF COVERED SYNTHETIC
DRUGS.

(a) In General.--The Secretary of State shall establish or
continue and strengthen, as appropriate, an exchange program
for governmental and nongovernmental personnel in the United
States and in foreign countries to provide educational and
professional development on demand reduction matters relating
to the illicit use of covered synthetic drugs and other
drugs.
(b) Program Requirements.--The program required by
subsection (a)--
(1) shall be limited to individuals who have expertise and
experience in matters described in subsection (a);
(2) in the case of inbound exchanges, may be carried out as
part of exchange programs and international visitor programs
administered by the Bureau of Educational and Cultural
Affairs of the Department of State, including the
International Visitor Leadership Program, in coordination
with the Bureau of International Narcotics and Law
Enforcement Affairs; and
(3) shall include outbound exchanges for governmental or
nongovernmental personnel in the United States.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State to carry out
this section $1,000,000 for each of fiscal years 2022 through
2026. Such amounts shall be in addition to amounts otherwise
available for such purposes.

SEC. _05. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL
PROGRAM.

(a) International Narcotics Control Strategy Report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)) is amended by inserting after paragraph (9)
the following new paragraph:
``(10) Covered synthetic drugs and new psychoactive
substances.--
``(A) Covered synthetic drugs.--Information that contains
an assessment of the countries significantly involved in the
manufacture, production, transshipment, or trafficking of
covered synthetic drugs, to include the following:
``(i) The scale of legal domestic production and any
available information on the number of manufacturers and
producers of such drugs in such countries.
``(ii) Information on any law enforcement assessments of
the scale of illegal production of such drugs, including a
description of the capacity of illegal laboratories to
produce such drugs.
``(iii) The types of inputs used and a description of the
primary methods of synthesis employed by illegal producers of
such drugs.
``(iv) An assessment of the policies of such countries to
regulate licit manufacture and interdict illicit manufacture,
diversion, distribution, shipment, and trafficking of such
drugs and an assessment of the effectiveness of the policies'
implementation.
``(B) New psychoactive substances.--Information on, to the
extent practicable, any policies of responding to new
psychoactive substances, to include the following:
``(i) Which governments have articulated policies on
scheduling of such substances.
``(ii) Any data on impacts of such policies and other
responses to such substances.
``(iii) An assessment of any policies the United States
could adopt to improve its response to new psychoactive
substances.
``(C) Definitions.--In this paragraph, the terms `covered
synthetic drug' and `new psychoactive substance' have the
meaning given those terms in section _07 of the FENTANYL
Results Act.''.
(b) Definition of Major Illicit Drug Producing Country.--
Section 481(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(e)) is amended--
(1) in paragraph (2)--
(A) by striking ``means a country in which--'' and
inserting the following: ``means--
``(A) a country in which--'';
(B) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and moving such
clauses, as so redesignated, two ems to the right;
(C) in subparagraph (A)(iii), as redesignated by this
paragraph, by striking the semicolon at the end and inserting
``; or''; and
(D) by adding at the end the following new subparagraph:
``(B) a country which is a significant direct source of
covered synthetic drugs or psychotropic drugs or other
controlled substances significantly affecting the United
States;'';
(2) by amending paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country
through which are transported covered synthetic drugs or
psychotropic drugs or other controlled substances
significantly affecting the United States;'';
(3) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(9) the term `covered synthetic drug' has the meaning
given that term in section _07 of the FENTANYL Results
Act.''.

SEC. _06. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the President should direct the United States
Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to
advocate for more transparent assessments of countries by the
International Narcotics Control Board; and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of
covered synthetic drugs.

SEC. _07. DEFINITIONS.

In this subtitle:
(1) Covered synthetic drug.--The term ``covered synthetic
drug'' means--
(A) a synthetic controlled substance (as defined in section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6))),
including fentanyl or a fentanyl analogue; or
(B) a new psychoactive substance.
(2) New psychoactive substance.--The term ``new
psychoactive substance'' means a substance of abuse, or any
preparation thereof, that--
(A) is not--
(i) included in any schedule as a controlled substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.);
or
(ii) controlled by the Single Convention on Narcotic Drugs,
done at New York March 30, 1961, or the Convention on
Psychotropic Substances, done at Vienna February 21, 1971;
(B) is new or has reemerged on the illicit market; and
(C) poses a threat to the public health and safety.
______